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02/16/93 City Council Minutes536 A REGULAR MEETING OF THE KALISPEIIL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, FEBRUARY 16, 1993, IN THE COUNCIL CHAMBERS AT CITY HALL. MAYOR RAUTHE PRESIDED. ALI., rOUNCILMEMBERS WERE PRESENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. CONSENT AGENDA Approve Minutes -February 1, 1993 Approve Claims per Payables Register Buck moved to approve the consent agenda. The motion was seconded. With a vote the motion carried. ADDRESSING THE COUNCIL No one addressed the council. PUBLIC HEARING Juniper Bend -Preliminary Plat The purpose of this hearing is to receive public comment concerning a request from the Mitchell/Swo.ish partnership for Preliminary Plat approval of a 32-unit townhouse development and a Conditional Use Permit to allow the clustering of these units into townhouses in a R-3 Single Family Zone. The subject property is a 12.85 acre tract of land located east of Grandview Drive and West of the Stillwater River. This project received Council approval as a 26-unit townhouse development last month. Proponents Doug Kauffman of Thomas, Dean & Hoskins, representing the developer, spoke in favor of the preliminary plat for Juniper Bend and gave recommended changes to certain conditions. Opponents Milt Carlson, 375 Grandview Drive, distributed a letter of concerns to the mayor and council and spoke against the preliminary plat for Juniper Bend. The public hearing was closed. Tom Jentz, FRDO Planner explai-..+.ed the Juniper Bend history and answered questions. There was discussion. ORDINANCES & RESOLUTIONS Resolution 4092-Juniper Bend -Preliminary Plat The Kalispell City/County Planning. Board met January 12, 1993 to consider the Juniper Bend project. The Board adopted the FRDO Staff Report as findings and voted in favor of approving the Preliminary Plat. They modified several of the Staff conditions of approval. Condition #8 was changed to include the wording "all disturbed areas including the steep slopes shall be re -vegetated", #14 was modified to allow a non-combustible open sided facility with no bathrooms in the homeowners park, #15 was modified so that all housing units on slopes in excess of 20% would be reviewed by city to determine if the si e is buildable, to protect t1- adding Conditiony#17 requiringya 25 �v� aY...`o►i'uitauCidtt:�, foot vegetative corridor along the Stillwater River, and adding Condition #18 requiring an engineer approved Construction Phase Erosion Control Plan be instituted prior to development of the site. Williams and Staff recommended that Council adopt V)e resolution as submitted. Atkinson moved Resolution 4092, a resolution conditionally approving the amended Preliminary Plat of the subdivision of tract Numbers 5E and 5CA in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded. 537 Collins moved to amend the motion that the bathroom facilities be allowed meeting all requirements of floodplain and building code standards and built of non-combustible materials. The motion was seconded. Kennedy spoke against the amendment. There was discussion. The amendment carried with Kennedy voting against. There was more discussion with Public Works Director Babb answering questions. Larson moved to amend Condition #16 to read 50' rather than 251. The motion was seconded. Atkinson spoke against the motion. After more discussion Larson, Collins and Kennedy spoke in favor of the motion. When the applicant Dan Mitchell was asked, he was very agreeable to the 50'. Atkinson called for the question. With a vote the amendment carried. With a roll call vote the motion carried. BUSINESS FROM MAYOR & COUNCIL Council Award Rauthe displayed the award that was presented to the Council at a meeting last night by the Don't Gamble With the Future group. The award was given for being the only Montana city to contribute to the Gambling Prevalence Study. Hockaday Board Appointment Rauthe explained Barbara Moses is resigning from the Hockaday Board and requested Council approval to appoint Jim Atkinson as her replacement. Rauthe thanked Moses for her years on the Board. Kennedy moved to appoint Jim Atkinson to the Hockaday Board. The motion was seconded. Atkinson felt it was an honor to be appointed to the Board and at this time there is a showing in memory of a very dear friend and very worthwhile individual, Jeanne Hamilton. The motion carried unanimously with a vote. BUSINESS FROM MANAGER Juniper Bend -Conditional Use Permit The applicant is also requesting a Conditional Use Permit which would allow for the con. -tion of a 32 unit townhouse -luster development. The Planniiij hoard held a public hearing on January 12, 1993 and has recommended the granting of a Conditional Use Permit with 3 conditions. The FRDO Staff Report and the Planning Board's conditions are marked as Exhibit A attached to Resolution 4092. The findings of the FRDO Staff indicate: 1) the site is suitable in size and design to accommodate this type use, 2) access to and from the site will be adequate with improvement of Grandview Lane to City standards, 3) environmental constraint of the site were considered in the use and design of the development, 4) public facilities are available and adequate for the proposed use and 5) the impact to surrounding properties should be minimal. 538 Williams and Staff recommended that Council adopt the Planning Board's recommendation authorizing the CUP with 3 conditions. Granmo moved to grant the Conditional. Use Permit for Juniper Bend. The motion was seconded. Upon vote the motion carried. Karen Stone Assessment -Appeal The City received a letter dated January 6, 1993 from Attorney Andrew Bittker representing Karen Stone which requests the abatement of $875 of the $10,750 assessed against the Stone property for the cost of demolition and tank removal. The request argues that the tank removal expense should not be allowed because the fuel storage was not located on the Stone property at 1026 4th Avenue East. At the time of demolition, Staff was aware that the tank may have been on the neighboring property, however the tank did serve the Stone property and needed to be removed. The City proceeded with demolition and tank removal and feel the cost associated with tank removal has been properly assessed. Williams recommended Council deny the appeal and instruct City Attorney Neier to communicate the denial to Attorney Bittker. Attorney Andrew Bittker explained why he felt Karen Stone should not be responsible for the cost of removing the tank and spoke against denying the appeal. Kennedy moved to deny the appeal of the Karen Stone property for the assessment of $875 for the removal of the fuel tank. The motion was seconded. There was discussion. City Attorney Neier explained the reasoning for the assessment of the $875 for the tank removal and recommended to deny the appeal. Granmo spoke against the motion. There was more discussion and Public Works Director Babb answered questions. La._,:sun spoke against the motion. Kennedy spoke in favor of the denial. Buck called for the question. The motion carried upon vote with Larson, Granmo and Collins voting against. Police Officer Confirmation Williams reported that Chief Clark has requested that patrol officers John Parker and Troy Holt be confirmed. Both officers have successfully completed their one year probation. Williams concurred with Chief Clark's recommendation and asked Council to confirm the appointments. Larson moved to confirm John Parker and Troy He- as nc?f..^e Ui: ...:er.�. The was seconued. The motion carried upon vote. KGA Invitation Williams explained the President of the Kalispell Golf Association and the Chairman of the Long Range Planning Committee invited him to attend a workshop in Atlanta, Georgia on Public/Private Partnerships for Municipal Golf Courses. 539 The KGA has agreed to pay for the room and registration fees if the City would pay for the airfare and the meals. The dates are March 3-7. Buck moved to allow the City Manager to attend the workshop in Atlanta with the City paying for the airfare and the meals. The motion was seconded. With a vote the motion carried. STAFF REPORTS Next Work Session 2/22/93 7:00 p.m. Next Regular Meeting 3/1/93 7:00 p.m. The City Council and County Commissioners will meet after this meeting for a joint workshop. ADJOURN The meeting was adjourned at 8:33 p.m. ATTEST: Amy H. Robertson, Finance Director Debbie Gifford, Clerk of Council Approved 3/1/93 11